Updates on Ministerial Intervention under Sections 351, 501J, 46A and 48B of the Migration Act

The Australian Government has recently made important updates about Ministerial Intervention (MI). This is under sections 351, 501J, 46A, and 48B of the Migration Act 1958. These changes affect how the Minister for Home Affairs, Immigration and Citizenship, the Hon Tony Burke MP, assesses and considers requests for Ministerial Intervention.

This blog outlines the key changes and what they mean for individuals who have lodged, or intend to lodge, an MI request.

What is Ministerial Intervention?

Ministerial Intervention gives the Minister the power to grant a visa or step into migration issues when it serves the public interest. The Minister does not use these powers automatically and only acts in rare and exceptional cases.

New Ministerial Instructions – Sections 351 and 501J

On 4 September 2025, Minister Tony Burke gave new instructions to the Department of Home Affairs. These instructions are about Ministerial Intervention under sections 351 and 501J of the Migration Act. On 17 September 2025, the Department of Home Affairs amended these, replacing both the 2016 Guidelines and the earlier September instructions.

Key changes include:

1. Departmental officers will no longer assess requests against “unique and exceptional circumstances.”
2. The Department can no longer initiate MI requests on behalf of individuals.
3. The Department will assess requests against clearly defined criteria before referring them to the Minister.

A request will only be referred to the Minister if:

1. The intervention powers are enlivened.
2. The request is properly made.
3. The request is not inappropriate to refer.
4. The request meets at least one of the listed section 13 criteria.

Minister’s Personal Procedural Decisions (PPDs) – Sections 351 and 501J

Alongside the new instructions, Minister Burke made Personal Procedural Decisions (PPDs) on 4 September 2025:

1. The Minister refuses to consider requests made on or before 11 April 2023, unless they already formed part of a personal decision, a public interest decision, or the annexure of the PPD.
2. The Minister may consider requests lodged on or after 12 April 2023 if they meet the required criteria.

The Department of Home Affairs will inform people affected by these changes. They will receive information directly or through a public announcement on the Department’s website. Importantly, those impacted can still submit a new MI request, which the Department will assess under the updated instructions.

New Ministerial Instructions – Sections 46A and 48B

On 4 September 2025, Minister Burke issued new instructions for MI requests. These are under sections 46A and 48B of the Act. These instructions replaced the previous guidelines issued in 2016 (s48B) and 2017 (s46A).

Under the new framework, a request will only be referred to the Minister if:

1. The intervention powers are enlivened.
2. The request is properly made.
3. The request is not inappropriate to refer.

Minister’s Personal Procedural Decisions (PPDs) – Sections 46A and 48B

Minister Burke has decided not to review any MI requests under sections 46A and 48B. This applies to requests submitted before 4 September 2025. He believes this decision is in the public interest.

1. A small number of exceptions remain ongoing.
2. Individuals affected will be notified directly or through public notification.

What This Means for Applicants

1. The Department may no longer consider requests made before the cut-off dates, unless specific exceptions apply.
2. Applicants can still lodge new requests, and the Department will assess them under the updated criteria.
3. The Department will continue to notify individuals about the outcomes of their requests.

How Emigrate Lawyers Can Help

At Emigrate Lawyers, we understand that Ministerial Intervention requests are complex, highly discretionary, and often the last resort for individuals facing difficult migration circumstances.

Our experienced immigration lawyers can assist you by:

1. Assessing whether your case meets the new referral criteria.
2. Prepare a strong and compelling MI request tailored to your circumstances.
3. Advising you on alternative visa options if Ministerial Intervention is not suitable.
4. We guide you through the Department’s updated process to ensure you make your request correctly.

We have strong knowledge in migration law and a client-focused approach. We are here to help you through this challenging process.

Contact our experts at Emigrate Lawyers today to discuss your options.

FAQs on Ministerial Intervention

Q1. What is Ministerial Intervention?

A1 – The Minister can use Ministerial Intervention as a special power to grant a visa if it benefits the public. The Minister can do this even after applicants have tried all other visa options or appeals.

Q2. Who can apply for Ministerial Intervention?

A2 – Only people whose visa the Department has refused or cancelled and who cannot appeal may request Ministerial Intervention. The request must meet strict criteria.

Q3. What happens if my request was lodged before the new changes?

A3 – The Department will not accept requests made before the cut-off dates in the new Personal Procedural Decisions (PPDs). Affected individuals can submit a new request under the updated rules.

Q4. Does the Minister have to consider my request?

A4 – No. The Minister does not have to consider or intervene in any request. Only the Department can refer applicants who meet the referral criteria to the Minister.

Q5. Can I get legal assistance with my MI request?

A5 – Yes. The process is complex and varies a lot. Getting advice from an immigration lawyer can improve your application. They can also help you find other visa options if needed.

Final Thoughts

The updates to Ministerial Intervention under the Migration Act 1958 significantly change how the Department handles requests. Clearer criteria now replace broad discretionary guidelines, ensuring greater transparency. However, the process remains highly complex, and outcomes will depend on whether requests meet the strict referral requirements.

People affected by these changes should get professional advice. This will help them understand their options and prepare their requests correctly.

Letter—Ministerial-Intervention—section-351-and-501J.pdf, Letter—Ministerial-Intervention—section-46A-and-48B.pdf

You might also be interested in – Migration (Specification of Class of Persons) Instrument 2025 – Bridging Visa E Work Rights